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(영문) 제주지방법원 2018.11.27 2018고단504
아동복지법위반(아동학대)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

For the defendant, the defendant shall complete a child abuse treatment program for 120 hours.

Reasons

Punishment of the crime

No person shall commit any physical abuse against a child that may injure his/her body or injure his/her physical health and development.

그럼에도 피고인은 2017. 8. 27. 23:17 경 서귀포시 B 아파트 C 호 피고인의 집에서 아들인 피해자 D( 남, E 생) 이 계속 잠을 자지 않고 칭얼거리며 보챈다는 이유로 모기향을 가지고 피해 자를 아파트 단지 내 놀이터로 데리고 나간 다음, 피해자를 그곳 놀이터에 그대로 놓아둔 채 혼자 귀가하였다.

Accordingly, the Defendant committed physical abuse that may harm the physical health and development of children.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Each police statement made to F and G;

1. Each relevant photograph, report on internal investigation (attached to field photographs, etc.);

1. Investigation report (verification, etc. of guardians);

1. An abstract, such as the resident registration card;

1. 112 Reporting case handling table;

1. CCTV closure photographs;

1. Cases concerning response to emergency medical services activities and inquiries about facts upon a request for inquiry of facts;

1. Application of Acts and subordinate statutes to a report on investigation (or a counter-investigation into the president of a group home in which a victimized child is protected);

1. Relevant Article of the Act and Article 71 (1) 2 and Article 17 subparagraph 3 of the Act on the Place of Punishment for Children and the Selection of Imprisonment with prison labor for the crime;

1. The reason for sentencing under Article 8(1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes committed by the Defendant to complete a program shows the attitude of the Defendant to reflect his/her mistake on behalf of him/her, and the Defendant has no record of punishment for the

However, the Defendant committed the instant crime even though he/she was in a position to protect and rear the victim's healthy and emotional stability so that he/she can become a healthy member of society. Child abuse acts are very poor in the nature of the crime committed against children who are incapable of defending himself/herself, and in general, in the case of abused children, a potential legacy remains in the growth process.

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